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(영문) 서울서부지방법원 2018.01.25 2017노1559
국민체육진흥법위반(도박개장등)방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The nature of the crime of this case is not only poor, but also the defendant committed each of the crimes of this case during the period of suspended execution, and the responsibility of the crime is heavy.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake; (b) there has been no history of punishment for the same kind of power or punishment; (c) the Defendant has been under confinement for a certain period of time; (d) the Defendant’s life in depth and reflects the balance among the principal offender and other accomplices; and (c) the Defendant’s age, sexual conduct, intelligence and environment; (d) the background leading to the instant crime; (e) the method and method of the crime; and (e) the circumstances after the commission of the crime, etc.

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 47 Subparag. 2 of the relevant Act as to the facts constituting an offense, Articles 26(1) of the Act on the Promotion of National Sports for the Selection of Punishment, Article 32(1) of the Criminal Act (a point of aiding and abetting the issuance of similar sports promotion voting rights), and Article 49(4)2 of the Electronic Financial Transactions Act is clear that subparagraph 3 of the indictment is a clerical error as referred to in subparagraph 2.

Article 6(3)3 (the delivery and lending of media access to the purpose of crime) and the selection of each imprisonment

1. Article 32 (2) and Article 55 (1) 3 of the Criminal Act [Article 32 (2) of the Act on Statutory Mitigation and Aiding, etc. Violation of the National Sports Promotion Act];

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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